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Washington County, MN HOA Rules: Board Governance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Applies to
Open Space Development (OSD) subdivisions, Sec. 4
Association required
Whenever an HOA owns the open space
Membership
Mandatory for all home purchasers and successors
Filed with
Conditional Use Permit application
Open space
Must carry permanent conservation easement, Sec. 4.7

Summary

Washington County requires an Open Space Development's Homeowners' Association to be formally established whenever the association will own the project's shared open space, with membership mandatory for every home purchaser and their successors. The county reviews the association's founding agreement as part of the Conditional Use Permit before approving the subdivision.

These county ordinances apply to unincorporated areas of Washington County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

4.8 Homeowners' Associations. A Homeowners' Association shall be formally established if the open space is owned by a Homeowners' Association. Membership in the Association is mandatory for all purchasers of homes in the development and their successors. A Homeowners' Association Agreement, guaranteeing continuing maintenance, shall be submitted to the County as part of the data required for the Conditional Use Permit.

View official code

Full Breakdown

8 governs homeowners' associations created for Open Space Developments (OSD), the county's clustered-lot subdivision option under Section 4. 7(1) to carry a conservation easement, is owned by a Homeowners' Association rather than the County or a qualifying land trust, the Development Code states: 'A Homeowners' Association shall be formally established if the open space is owned by a Homeowners' Association. ' That formal-establishment and mandatory-membership requirement is a condition of the Conditional Use Permit (CUP) the county issues for the OSD; the association's founding Agreement, described as guaranteeing continuing maintenance, must be submitted to the County as part of the CUP application data.

8(1) through (7), the legal description of the common land, use restrictions and who enforces them, a dispute-resolution mechanism, a mechanism to assess and enforce common expenses including taxes and insurance, the timing of any transfer of ownership to the association, any other matter the developer deems appropriate, and, where applicable, management of collector sewage treatment systems. 7(2).

Violations & Fines

Failing to formally establish the association or make membership mandatory for every home purchaser leaves the OSD's Homeowners' Association Agreement short of what Section 4.8 requires, which the Zoning Administrator (Public Works Department, Section 5.2) can cite to withhold or condition the Conditional Use Permit; the County can also reject a plan whose alternative open-space ownership structure it finds unacceptable under Section 4.7(2).

Frequently Asked Questions

Is joining the homeowners' association optional in a Washington County OSD?
No. Section 4.8 makes membership mandatory for every purchaser of a home in the development and for their successors whenever the association owns the required open space, so a buyer cannot opt out and cannot later resign while remaining an owner in the development.
Who decides whether our OSD needs a Homeowners' Association at all?
The Development Code does. Section 4.8 requires formal establishment of an association whenever the open space is owned by a Homeowners' Association; if the open space instead goes to the County or another qualifying governmental body under Section 4.6(1)(C), no association is required for that ownership structure.
What must our association's governing documents include before the county will approve our project?
Seven items under Section 4.8: the legal description of the common land, the use restrictions and who enforces them, a dispute-resolution mechanism, a mechanism to assess and enforce common expenses, the timing of any ownership transfer to the association, any other matter the developer deems appropriate, and management of any collector sewage treatment system.

Sources & Official References

Other rules in Washington County

CC&R EnforcementSome RestrictionsDispute ResolutionSome RestrictionsAssessment & DuesSome RestrictionsNoise Ordinances: Amplified Music & Outdoor SoundSome RestrictionsParking Rules: Abandoned VehiclesSome RestrictionsParking Rules: Commercial & Oversized VehiclesSignificant RestrictionsParking Rules: Driveway RulesSome RestrictionsFence Regulations: Fence Permit RequirementsSome RestrictionsFence Regulations: Neighbor Fence RulesLight Restrictions

All Washington County rules

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